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I live in New york and my wife lives in Florida. we have apart for two years. under the new no-fault law of New York can i divor

New York, NY |

can i divorce her under the no fault law of New York? if so do i need to serve her?
we have two kids together

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Attorney answers 4


New York does NOT yet have a no fault divorce law. Any divorce must be commenced with proper service of process.

And if you have children, custody and child support will be among the issues that must be resolved.


The jurisdiction in which you should file for a divorce is governed by the Uniform Child Custody Jurisdiction and Enforcement Act. It depends on where the minor children have been living for the six months immediately prior to filing the action for dissolution of marriage. If the children have been living with your wife in Florida, you should file in the county in Florida in which your wife and the children have been living and you should serve her. If they have been living with you for the past 6 months, then NY law applies. As I am a Florida lawyer and not a NY lawyer, I cannot answer your question about service for NY cases.

Linda C. Singer
Linda C. Singer, P.A.
9500 South Dadeland Boulevard
Suite 703
Miami, Florida 33156
Telephone (305) 670-5291
Email address:


Why do you believe there is a "new no-fault law" in New York?


New York legislature has passed a new no-fault divorce law. It has yet to be signed into law by the governor, but will be any day now. This is going to help a lot of people get out of failed marriages without having to allege fault grounds.

You can still file for divorce under abandonment.

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